Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
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Disclosure
• I have no personal or financial interests to
declare;
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Reality check!!!
•Some doctors are starting to feel that the
public at large has unfairly painted them
as “professionals without any rights.”
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……
•Whenever a doctor is talked about,
society tends to refer to them as highly
skilled professional incapable of
committing mistakes and with absolute
expectation from patients to discharge
his duty at the expense of his rights.
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Why nobody talks about
physician’s rights?
•In the physician-patient relationship, the
patient is a captive consumer. There is no
other profession or business where a member
thereof can dictate to a consumer what brand
[s]he must buy .... how fast [s]he must
consume it and how much [s]he must pay
with the further condition to the consumer
that any failure to fully comply must be at the
risk of [her] own health.
- Magan Medical Clinic v. California State Board of
Medical Examiners 57 Cal. Rptr. 256 (Ct. App. 1967)
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“Doctors have rights,
too.”
•Today we will talk about doctors’
rights!
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Do we find
doctors’rights in the
following?
•Medical Act of 1959
•Hippocratic oath
•Philippine College of Physicians
•Philippine Medical Association
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Medical act of 1959
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Hippocratic oath
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Code of Ethics of the
PMA
ARTICLE II
Duties of Physicians to their Patients
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PCP Code of Ethics
a. The parties may jointly waive their right
to a formal hearing in writing by opting
to submit their position papers in lieu of
a hearing. [2.5.3, Sanctions and
Procedure]
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Right to refuse patients
•Primary physician (for walk-in patient)
•On-call physician
•HMO health provider
•Company physician
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Right to refuse participation
in the treatment
•“[C]onscientious objection implies the
physician's right not to participate in what
[he] thinks [is] morally wrong, even if the
patient demands it.”
-Pellegrino, 30 Fordham Urb. L.J. 221, 223
(2002)
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What must he do?
•If physicians feel they cannot provide a
service for these reasons, physicians are
expected to communicate clearly, treat
patients with respect and provide
information about accessing care.
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Right to be paid for
services
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Right to refuse a patient
who has not yet paid your
professional fee?
•Yes, provided arrangement is made
for another doctor to take over.
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Right to withdraw
•The physician has a definite right to
withdraw from the case provided he gives the
patient reasonable notice so as to enable him
to secure other medical attendance. Such a
withdrawal does not constitute an
abandonment.
•A physician is under a duty to continue
attendance upon the patient until the
conditions for his rightful withdrawal are
complied with.
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Right withdraw
•Subjected to verbal abuse
•Patient and family members became
hostile
•Disagreement with treatment plan
•Disruptive or difficult patient
•Inability to work with a colleague
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Right to avail of medical
futility doctrine
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Right to refuse to be an
expert witness
•Fact witness v. expert witness
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As a witness, right to
refuse a subpoena
•Rule 21 Section 10 of the Rule of Civil
Procedure:
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Other Rights
1. Doctors and their practices have the right to
set up criteria, guidelines and boundaries for
accepting and working with their patients.
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……
3. Doctors have the right to select the
kinds of treatments they believe in and
it’s up to the patients to decide what
treatment they wish to accept, in mutual
cooperation.
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